Is card billing statement sufficient proof under consumer laws?

[gobble]

Grrr! I purchased an expensive trouser over the weekend and promptly discarded the bill, now I find the wrong size was handed to me - I cant even zip it up or button up without straining . The trouser leg is altered, and I washed and pressed it on a lazy Sunday with the enthusiasm of a school boy over his new uniform :licklips: only to discover this as I was getting dressed up for office .

Now I am afraid they will not exchange it without bill.

Can I drag them to consumer court with the bank statement as proof of purchase?

Regards

 

[kapvin]

Grrr! I purchased an expensive trouser over the weekend and promptly discarded the bill, now I find the wrong size was handed to me - I cant even zip it up or button up without straining . The trouser leg is altered, washed and pressed.

Now I am afraid they will not exchange it without bill.

Can I drag them to consumer court with the bank statement as proof of purchase?

Regards

your chargeslip will have a transaction id (which your bank can also give you). Most retailers link that transaction id to the invoice. they can definitely recover the invoice from that.

Now, legally speaking, IIRC from my b-school contract law classes, all the bank statement proves is that a transaction took place. it does not in anyway describe what the transaction was about (or even if it was goods or service)

however, since your contention in a court of law would be that the trousers were the transacted good (do they have the clothes tag at least?); if the retailer wanted to contest that; he would need to produce the invoice linked to that financial transaction, which would again prove your case.

of course, if it were a particularly anal retailer, he may take the stance that he did sell you trouser xxx, but the trousers that he sold you are not the ones you wanting to replace (i.e - he will contend that you subsituted the trousers). to contest that you'd need to have the clothe tags attached to the trousers - but i think it's rare for the retailer to go to such lengths- mostly if you go to the customercare, with your chargeslip, they may grumble, but they'll most probably help you.

oh - and a disclaimer - this pedantic discussion was based on a rather limited (And antiquated) understanding of the law. so.. caveat emptor on advice..

kapvin

PS- User Buswal would have much better perspective on this

 

[Thad E Ginathom]

You have washed and pressed them. They are no longer as-new, and can't (or certainly shouldn't) be sold to another customer.

Because of this, regardless of the receipt question, I don't think the trousers are exchangeable.

I am all for consumer rights (I find them very much lacking in India), but sometimes, even when a mistake is not our own, we must live with the consequences of not having noticed it until it is too late.

 

[kapvin]

You have washed and pressed them. They are no longer as-new, and can't (or certainly shouldn't) be sold to another customer.

Because of this, regardless of the receipt question, I don't think the trousers are exchangeable.

I am all for consumer rights (I find them very much lacking in India), but sometimes, even when a mistake is not our own, we must live with the consequences of not having noticed it until it is too late.

I am not sure that's entirely material to this case.! taking the washing perspective further, the trousers were unsaleable to another customer once they have been altered. So, would a store position of "no exchanges" be tenable, in case the size switch was discovered immediately after the alteration? issues of stitching, colour fastness, small tears and holes are oftern discovered at home; maybe after washing! more recursively, would you try on a new trouser unwashed, knowing that you may be actually wearing someone else's rejects?

the objective of the exchange policy is to preserve fidelity of the transaction; ie the consumer gets goods that perform as warantted, in return for the money. i'd think it's more a customer satisfaction tool (long term customer value - repeat customer) than one aimed at preserving short term margins. perhaps the best way of preserving margins in the short term is to have a big "goods once sold will not be taken back" sign on the door.

Edit::: An amp that malfunctions 2 days after purchase is not brand new and certainly cannot be sold to another customer, but does that mean one should not demand an exchange. while this may seem like compares apples & oranges; it's actually the same thing - the owner of both the amp and the trousers have paid for a product that they cannot use.

cheers

 

[gobble]

You have washed and pressed them. They are no longer as-new, and can't (or certainly shouldn't) be sold to another customer.

Because of this, regardless of the receipt question, I don't think the trousers are exchangeable.

I am all for consumer rights (I find them very much lacking in India), but sometimes, even when a mistake is not our own, we must live with the consequences of not having noticed it until it is too late.

You sound like the shopkeeper already ...

Lemme see if I can convince them they are unwashed and in showroom condition

Cheers

 

[gobble]

I am not sure that's entirely material to this case.! taking the washing perspective further, the trousers were unsaleable to another customer once they have been altered. So, would a store position of "no exchanges" be tenable, in case the size switch was discovered immediately after the alteration? issues of stitching, colour fastness, small tears and holes are oftern discovered at home; maybe after washing! more recursively, would you try on a new trouser unwashed, knowing that you may be actually wearing someone else's rejects?

the objective of the exchange policy is to preserve fidelity of the transaction; ie the consumer gets goods that perform as warantted, in return for the money. i'd think it's more a customer satisfaction tool (long term customer value - repeat customer) than one aimed at preserving short term margins. perhaps the best way of preserving margins in the short term is to have a big "goods once sold will not be taken back" sign on the door.


cheers

Thanks. Lets see how it goes. I threw away the tags and all ... :sad:

Worst case scenario, you will spot an extremely disheveled trekker wearing pristine formal trousers that look out of place, as I tend to lose a waist size on prolonged backpacking

 

[cmsajith]

Its really surprising that you never tried a trial before buying or atleast washing it. I dont think they will replace a washed trouser as it cannot be sold. Anyways there is no harm in trying your luck, but going to consumer court will not help as the seller can easily come out of it in this case.

 

[gobble]

Its really surprising that you never tried a trial before buying or atleast washing it. I dont think they will replace a washed trouser as it cannot be sold.

I tried the right size and the salesman took the wrong size from the pile after a while when passing it to the tailor looks like ...

I always try trousers before buying

Regards

 

[Kittu]

Thanks. Lets see how it goes. I threw away the tags and all ... :sad:

Worst case scenario, you will spot an extremely disheveled trekker wearing pristine formal trousers that look out of place, as I tend to lose a waist size on prolonged backpacking

If I have to to suggest like "gobble" buy one more trouser put the tags to this one and sue the seller and the maker .

On a serious note if its a branded one and the guy whom you pruchased is a decent fella I am sure he would do something to make the customer Happy....


Kittu

 

[yrk1969]

Grrr! I purchased an expensive trouser over the weekend and promptly discarded the bill, now I find the wrong size was handed to me - I cant even zip it up or button up without straining . The trouser leg is altered, and I washed and pressed it on a lazy Sunday with the enthusiasm of a school boy over his new uniform :licklips: only to discover this as I was getting dressed up for office .

Now I am afraid they will not exchange it without bill.

Can I drag them to consumer court with the bank statement as proof of purchase?

Regards

Before you get more over-analyzed legal and moral angles from others, you can just try your luck by trying to return it. You may be pleasantly surprised sometimes.

 

[jayad08]

Before you get more over-analyzed legal and moral angles from others, you can just try your luck by trying to return it. You may be pleasantly surprised sometimes.

this forum is really something..
never would have thought of the legal consequences of washing my trousers until now.. :lol:

 

[gobble]

Before you get more over-analyzed legal and moral angles from others, you can just try your luck by trying to return it. You may be pleasantly surprised sometimes.

Yes of course! Expect the worst... Hope for the best!


Sent from my iPod touch

 

[goyal.sanchit]

Its unlikely that the seller would replace it as it has been altered and tags have been thrown off.

Even if you decide to contest in consumer court wouldn't it be difficult proving that the seller gave you the wrong size? He can easily get away by saying that you yourself chose the same size unless ofcourse you have the alteration slip on which the size may have been written.

 

[Thad E Ginathom]

this forum is really something..
never would have thought of the legal consequences of washing my trousers until now.. :lol:

Makes me glad that I stick with the traditional, and comfortable vesti.

This trouser business is obviously a minefield.

Marks and Spencer, in UK, have one of the best refund/replacement polices you could hope to find. You might be able to get away with not having the receipt (they exchange, for instance, wrong-size or wrong-colour gifts) but I think you would, at minimum, require the tags and labels.

Their generous returns policy also means that many stores have a rack of goods at substantial discount --- the source of many of my best office shirts!

Anyway, good luck, gobble

 

[gobble]

They took it back! They took it back! :yahoo: (Makes me want to dance naked on the street )

They exchanged the tags of the replacement trouser with the missing ones ....

To their credit, there was no boorish attitude from any of the staff exercising a whim, and refusing. They felt obliged to exchange as a matter of customer friendly policy.

This was Planet Fashion on CMH rd. I get the altered pair tomorrow.

Edit: They were smirking like crazy when I popped up at the desk. I wonder if one of them is lurking on the forum ....

Sent from my iPod touch

 

[moktan]

from battered speakers rectified, to 'expensive' washed trousers exchanged, things couldn't get better for the denizens of this forum...

 

[Kittu]

They took it back! They took it back! :yahoo: (Makes me want to dance naked on the street )

They exchanged the tags of the replacement trouser with the missing ones ....

To their credit, there was no boorish attitude from any of the staff exercising a whim, and refusing. They felt obliged to exchange as a matter of customer friendly policy.

This was Planet Fashion on CMH rd. I get the altered pair tomorrow.

Edit: They were smirking like crazy when I popped up at the desk. I wonder if one of them is lurking on the forum ....

Sent from my iPod touch

See I told ya :clapping:

Enjoy the new trousers ..

I need to rush home and check my closet hyeah: If I have something like this

 

[goyal.sanchit]

Edit: They were smirking like crazy when I popped up at the desk. I wonder if one of them is lurking on the forum ....

That would be interesting!!

 

[gobble]

from battered speakers rectified, to 'expensive' washed trousers exchanged, things couldn't get better for the denizens of this forum...

All HiFi and no play makes Jack a dull boy hyeah:


Sent from my iPod touch

 

[kapvin]

They took it back! They took it back! :yahoo: (Makes me want to dance naked on the street )

They exchanged the tags of the replacement trouser with the missing ones ....

To their credit, there was no boorish attitude from any of the staff exercising a whim, and refusing. They felt obliged to exchange as a matter of customer friendly policy.

This was Planet Fashion on CMH rd. I get the altered pair tomorrow.

Edit: They were smirking like crazy when I popped up at the desk. I wonder if one of them is lurking on the forum ....

Sent from my iPod touch

legalities apart, told you that you may be pleasantly surprised. the fact that they did not grumble was a bonus. hope you double checked the size this time.